[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Proposed Rules]
[Pages 3179-3180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1105]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173 and 175

[Docket No. RSPA-02-11654 (HM-228)]
RIN 2137-AD18


Hazardous Materials: Revision of Requirements for Carriage by 
Aircraft

AGENCY: Research and Special Programs Administration (RSPA), Department 
of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: RSPA is extending until March 18, 2005, the period for 
interested persons to submit comments on the November 10, 2004 notice 
of proposed rulemaking in response to a request by the Air Transport 
Association of America, Inc. (ATA). In the November 10, 2004 NPRM, we 
proposed to amend the requirements in the Hazardous Materials 
Regulations (HMR) for the transportation of hazardous materials by 
aircraft. The proposed changes include clarifying the applicability of 
part 175; excepting cargo aircraft from the quantity limits in Sec.  
175.75; reformatting the exceptions in Sec.  175.10 into three sections 
based on applicability; and providing new separation distances for the 
shipment of radioactive materials by cargo aircraft. These changes are 
being proposed in order to clarify requirements to promote safer 
transportation practices; promote compliance and enforcement; eliminate 
unnecessary regulatory requirements; convert certain exemptions into 
regulations of general applicability; finalize outstanding petitions 
for rulemaking; facilitate international commerce; and make these 
requirements easier to understand.

DATES: Submit comments by March 18, 2005. To the extent possible, we 
will consider comments received after this date.

ADDRESSES: You may submit comments identified by any of the following 
methods:
    Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 1-202-493-2251.
    Mail: Docket Management System: U.S. Department of Transportation, 
400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 
20590-001.
    Hand Delivery: To the Docket Management System; Room PL-401 on

[[Page 3180]]

the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. http://www.Regulations.gov.
    Instructions: You must include the agency name and docket number 
[RSPA-02-11654 (HM-228)] or the Regulatory Identification Number (RIN 
2137-AD18) for this notice at the beginning of your comment. You should 
identify the docket number RSPA-02-11654 (HM-228) at the beginning of 
your comments. You should submit two copies of your comments, if you 
submit them by mail. If you wish to receive confirmation that RSPA 
received your comments, you should include a self-addressed stamped 
postcard. Internet users may submit comments at http://www.Regulations.gov and may access all comments received by DOT at 
http://dms.dot.gov. Note that all comments received will be posted 
without change to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act section of this rule.
    Docket: You may view the public docket through the Internet at 
http://dms.dot.gov or in person at the Docket management System office 
at the above address.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous 
Materials Standards, (202) 366-8553, Research and Special Programs 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 10, 2004, the Research and Special Programs 
Administration (RSPA) published a notice of proposed rulemaking (NPRM) 
(69 FR 65294) under Docket RSPA-02-11654 (HM-228) to propose changes to 
the requirements in the Hazardous Materials Regulations (HMR) for the 
transportation of hazardous material by aircraft. The HMR (49 CFR parts 
171-180) govern the transportation of hazardous materials in commerce 
by all modes of transportation, including aircraft (49 CFR 
171.1(a)(1)). Parts 172 and 173 of the HMR include requirements for 
classification and packaging of hazardous materials, hazard 
communication, and training of employees who perform functions subject 
to the requirements in the HMR.
    Part 175 contains additional requirements applicable to aircraft 
operators transporting hazardous materials aboard an aircraft, and 
authorizes passengers and crew members to carry hazardous materials on 
board an aircraft under certain conditions.
    RSPA and the Federal Aviation Administration (FAA) are proposing 
changes to part 175 and other sections of the HMR applicable to 
transportation of hazardous materials by aircraft. These changes are 
being proposed in order to clarify requirements to promote safer 
transportation practices; promote compliance and enforcement; eliminate 
unnecessary regulatory requirements; convert certain exemptions into 
regulations of general applicability; finalize outstanding petitions 
for rulemaking; facilitate international commerce; and make these 
requirements easier to understand.
    On November 19, 2004, the Air Transport Association (ATA) requested 
an extension of the comment period by an additional 90 days until April 
29, 2005. ATA indicated the part 175 provisions are of particular 
significance to ATA carriers and the carriers will wish to submit 
detailed comments. ATA stated that the current comment period spans the 
Thanksgiving, Christmas and New Year holiday period, which is also the 
operational rush period for both passenger and cargo airlines. ATA also 
indicated that responsible persons at several key carriers have pre-
existing commitments for early 2005 and that ATA will not be able to 
hold the relevant carrier discussions and prepare comments by January 
31, 2005. We are willing to extend the comment period to provide ATA 
and others additional time to provide comments. However, we believe 
that an extension of 45 days should be sufficient to accommodate 
commenters' need for additional time.
    Therefore, we are denying the request for extension of the comment 
period until April 29, 2005. Accordingly, the closing date of the 
comment period is extended to until March 18, 2005.

    Issued in Washington, DC, on January 13, 2005 under the 
authority delegated in 49 CFR Part 106.
Robert A McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 05-1105 Filed 1-19-05; 8:45 am]
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